City Council

City Council Resolutions, May 5, 2009 5/5/09 Meeting NO. 171-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 12-2009, AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilwoman Sasso and seconded by Deputy Mayor Townes that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman Meneses that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 12-2009 entitled : AN ORDINANCE AMENDING CITY ORDINANCE NO. 2-2005 “ENUMERATION OF LICENSES, MISCELLANEOUS SERVICES AND FEES” has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi NO. 172-09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ FINAL ADOPTION OF ORDINANCE NO. 13-2009, AN ORDINANCE REPEALING CITY ORDINANCE 2-82 CHAPTER 170-56 “SCHEDULE VII: ONE WAY STREETS” TO CHANGE THE DIRECTION OF CAMDEN STREET FROM WEST TO EAST FROM MAIN STREET TO RIVER STREET TO ALLOW FOR TWO WAY TRAFFIC. “This ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move? Motion offered by Councilman Meneses and seconded by Councilwoman Sasso that there be a public hearing. PUBLIC HEARING Motion offered by Councilwoman Sasso and seconded by Councilman McAuliffe that the public hearing be closed. BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen and State of New Jersey, that Ordinance No. 13-2009 entitled : AN ORDINANCE REPEALING CITY ORDINANCE 2-82 CHAPTER 170-56 “SCHEDULE VII: ONE WAY STREETS: TO CHANGE THE DIRECTION OF CAMDEN STREET FROM WEST TO EAST FROM MAIN STREET TO RIVER STREET TO ALLOW FOR TWO WAY TRAFFIC has passed its second and final reading and is hereby adopted. Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi Council Meeting – 5/5/09  NO. 173 -09 OFFERED BY: SASSO SECONDED BY: MC AULIFFE ________________________________________________________________ BE IT RESOLVED by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: Current Account $10,889,391.80 Grants 1,989.32 Payroll 144,713.93 Self Insurance 83,316.92 Public Parking System 10,931.46 Capital 126,861.70 Trust Account 27,501.02 Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi “The City Clerk announces that the following items are considered to be routine in nature and will be enacted in one motion; any items requiring expenditure are supported by a Certification of Availability of Funds; any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes including any exceptions and/or additions.” **The City Council requested that Resolution No. 181-09 be pulled from the Consent Agenda in order that it might be voted on separately. NO. 174 -09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE WHEREAS, the governing body of the City of Hackensack has been advised that an emergency affecting the welfare of the citizens of the City of Hackensack and the general public did occur when sewer lines collapsed on Maple Street and Pangborn Place and were rendered inoperable; and WHEREAS, the Project Manager notified the City Manager setting forth the circumstances regarding the emergency; and WHEREAS, the governing body is satisfied that an emergency did exist and that immediate action was necessary to restore the aforementioned sewer line to full operation; and WHEREAS, the cost of the repair was $6,004.32, which was a fair and reasonable quotation; and WHEREAS, the Chief Financial Officer has certified that funds are available in account #9-01-201-26-311-311-204, purchase order #165858. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that pursuant to N.J.S.A. 40A:11-6 which authorizes the governing body to award contracts without benefit of public bidding in emergency situations and the vendor, J. Fletcher Creamer & Son, 101 East Broadway, Hackensack, New Jersey 07601 be paid therefore. Council Meeting – 5/5/09  Roll Call: Ayes – Meneses, Townes, Sasso, McAuliffe, Melfi NO. 175-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE WHEREAS, the City of Hackensack purchased salt for a snow emergency from an authorized vendor of the Bergen County Purchasing Program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S.A. 40A:11-12; and WHEREAS, Atlantic Salt, 134 Middle Street, Lowell, Maine, 01852 has been awarded the Bergen County Cooperative Purchasing contract; and WHEREAS, the Superintendent of Public Works recommends and the Director of Purchasing concurs that the utilization of this contract on the grounds that Atlantic Salt represents the best price available; and WHEREAS, the actual cost for this purchase of salt is $4,500.00; and WHEREAS, the Chief Financial Officer has certified that funds are available in account 9-01-201-26-290-290-204, purchase order #165850; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that Atlantic Salt be awarded the contract for the purchase of salt. Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 176-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE BE IT RESOLVED by the City Council of the City of Hackensack that Norman Levin be and is hereby reappointed Constable for the City of Hackensack, for a three (3) year term; and BE IT FURTHER RESOLVED that the duties/activities are limited to those City related activities as directed by the City Manager. Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 177-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE _______________________________________________________________ BE IT RESOLVED, by the City Council of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds for the reasons stated: Amount Block Lot Name Year Reason $2121.00 34 5 Price, John E. & Darlene C. 2008 Duplicate payment 3,833.37 69 11 Wells Fargo 2008 Duplicate payment 861.21 561 67 Woodhouse, Bernard 2009 Homestead Rebate Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi NO. 178- 09 Council Meeting – 5/5/09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, the City of Hackensack and IAFF Local 2081, Uniformed Fire Fighters Association, have engaged in negotiations for a successor agreement to the preceding collective bargaining agreement for the period of January 1, 2010 to December 31, 2012; and WHEREAS, the City of Hackensack and IAFF Local 2081 have reached an understanding with regard to such which they wish to memorialize in a Memorandum of Agreement, a copy of which is attached hereto and made a part hereof. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack, County of Bergen, State of New Jersey, that the Mayor and City Manager are hereby authorized to execute the Memorandum of Agreement with IAFF Local 2081 regarding a new collective bargaining agreement, which is attached hereto and made a part hereof. Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi City of Hackensack Bergen County Resolution No. 179- 09 OFFERED BY: TOWNES SECONDED: MC AULIFFE WHEREAS, various Year 2008 bills have been presented for payment this year, which bills were not covered by purchase order number and/or recorded at the time of transfer between the 2008 Budget Appropriations in the last two months of 2008; and WHEREAS, N.J.S. 40A: 4-58 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, and allow transfers to be made from unexpended balances which are expected to be sufficient during the first three months of the succeeding year; WHEREAS, a resolution was prepared and instrumented within the time requirements of the above referenced statutes, but not submitted to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hackensack that the transfers in the amount of $ 618,442.59 be made between the Year 2008 Budget Appropriations as follows: ACCOUNT NUMBER ACCOUNT TITLE TO FROM 8-01-20-100-100-200 Admin & Exec-OE 2,904.70 8-01-20-120-120-200 City Clerk-OE 8-01-20-145-145-200 Tax Collector-OE 395.48 8-01-20-155-155-200 Legal Svcs & Costs-OE 56,277.85 8-01-22-195-195-200 Insp of Bldgs-OE 799.05 8-01-25-240-240-200 Police-OE 8,318.51 Council Meeting – 5/5/09 8-01-25-240-242-200 Police-Traffic Ctrl-OE 6,747.00 8-01-25-260-260-200 First Aid Org-OE 1,829.65 8-01-25-265-269-200 Emerg Med Serv-OE 4.73 8-01-26-130-130-200 Pub Bldg & Grds-OE 24,746.64 8-01-26-290-290-200 Streets & Roads-OE 1,313.50 8-01-26-290-291-200 Snow Removal-OE 32,657.77 8-01-26-300-301-200 City Garage-OE 7,069.35 8-01-26-300-302-200 Street Cleaning-OE 9,691.19 8-01-26-305-305-200 Garbage & Trash-OE 35,980.36 8-01-26-305-307-200 Sanitary Landfill-OE 83,386.71 8-01-26-305-306-200 Recycling Program-OE 44,265.20 8-01-26-311-311-200 Sewer System Mtnc-OE 52,746.62 8-01-26-313-313-200 Shade Tree-OE 5,886.92 8-01-28-375-375-200 Parks & Playgrounds-OE 2,849.08 8-01-31-430-430-200 Pub Bdlg Elec & Gas-OE 150,580.11 8-01-31-435-435-200 Street Lighting-OE 87,452.89 8-01-31-445-445-247 Pub Bldg Utilities-OE 2,539.28 8-01-20-100-100-100 Admin & Exec-SW 3,582.00 8-01-20-130-130-100 Financial Admin.-SW 9,677.00 8-01-20-130-130-200 Financial Admin.-OE 1,450.00 8-01-20-499-000-200 Contingencies-OE 3,300.00 8-01-21-180-180-200 Planning Board-OE 8,592.00 8-01-21-185-185-200 Bd of Adjustment-OE 12,900.00 8-01-22-200-202-200 Comm Dev-Cons Svs-OE 4,559.00 8-01-23-220-220-200 Group Ins Surety-OE 10,000.00 8-01-25-240-240-100 Police-SW 224,000.00 8-01-25-240-242-100 Police-Traffic Ctrl-SW 6,140.00 8-01-26-300-300-200 DPW - Administration-OE 5,300.00 8-01-26-300-302-100 Street Cleaning-SW 12,000.00 8-01-27-330-330-200 Health Dept-Clinics-OE 4,600.00 8-01-27-330-332-200 PEOSHA-OE 44,000.00 8-01-27-340-340-100 Dog Regulation-SW 4,000.00 8-01-28-370-370-100 Recreation Dept-SW 39,542.59 8-01-28-370-370-200 Recreation Dept-OE 27,000.00 8-01-28-375-375-100 Parks & Playgrounds-SW 40,000.00 8-01-30-420-420-200 Celebration of Pub Ev-OE 30,000.00 Utilities - Vehicle Gasoline- 8-01-31-460-460-253 OE 43,000.00 8-01-30-410-410-222 Prior Year Bill-NJ DOL Int.-OE 30,000.00 8-01-36-471-471-200 PERS -OE 4,800.00 8-01-36-472-472-200 Social Security-OE 25,000.00 8-01-36-474-474-200 Cons Pol & Fire pens-OE 25,000.00 618,442.59 618,442.59 Ayes - Meneses, Townes, Sasso, McAuliffe, Melfi Certified to be a true copy of the Resolution passed at the City Council Meeting of the City of Hackensack held on May 5, 2009. -------------------------------------------------------------------------------- Debra Heck, City Clerk Council Meeting – 5/5/09  NO. 180-09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE WHEREAS, the Federal Aid Transportation Enhancement Program strives to ensure that transportation enhancements are an integral part of our transportation investment policy; and WHEREAS, Transportation Enhancement funding is to be used to support non- traditional transportation projects; and WHEREAS, the City of Hackensack has designed the Hudson Street Streetscape Plan for streetscape improvement for Hudson Street; and WHEREAS, the City of Hackensack has identified Phase IV (Lafayette Street to Kennedy Street) of this plan for funding through the NJ DOT Transportation Enhancement Program; and WHEREAS, the City of Hackensack will assume responsibility with regard to maintenance and upkeep of this streetscape project. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Hackensack, in the County of Bergen, State of New Jersey, formally approves the grant application for Phase IV of the Hudson Street Streetscape Expansion Plan; and BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as TE-ARRA – Hackensack City – 00057 to the New Jersey Department of Transportation on behalf of the City of Hackensack on or before May 13, 2009. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the City of Hackensack and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Roll Call: Ayes- Meneses, Townes, Sasso, McAuliffe, Melfi ** Resolution No. 181-09 was pulled from the Consent Agenda and moved to the end of the meeting for a separate vote. NO. 182- 09 OFFERED BY: TOWNES SECONDED BY: MC AULIFFE ________________________________________________________________ WHEREAS, it is the perception and belief of the Council of the City of Hackensack that there are a proliferation of sites throughout the City that are in “need of redevelopment” as that term is defined in the Local Redevelopment Housing Law N.J.S.A. 40A:12a-1 et seq.; and WHEREAS, the Local Redevelopment Housing Law N.J.S.A. 40A:12a-6 requires, that, prior to making such determinations, the Council is empowered to request that the Planning Board make a preliminary investigation of the areas proposed to be included in the redevelopment area and to direct the appropriate municipal agencies to conduct public hearings; and Council Meeting – 5/5/09  WHEREAS, the Council is of the opinion that a preliminary investigation should be undertaken in regard to Block 15, Lots 1 and 5, and Block 16.01, Lots 47 through 60, as shown and designated on the tax map at the City of Hackensack to determine whether the aforestated areas have satisfied the statutory criteria of being deemed “an area in need of redevelopment”. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hackensack as follows: The Planning Board of the City of Hackensack is hereby directed to commence and prepare a preliminary investigation specifically pertaining to Block 15, Lots 1 and 5, and Block 16.01, Lots 47 through 60 to determine whether said areas should be declared “an area in need of redevelopment” pursuant to N.J.S.A. 40A:12a-1 et seq.; and BE IT FURTHER RESOLVED, the Planning Board of the City of Hackensack is directed to conduct all necessary required public hearings and prepare a formal recommendation as provided by Statute N.J.S.A. 40A:12a 1 et seq.; and BE IT FURTHER RESOLVED, in conjunction with the redevelopment study, the Planning Board shall direct the preparation of a map outlining the proposed boundaries of the areas and location of the parcels noted herein which, if the redevelopment criteria is satisfied, should be classified as an area in need of redevelopment; and BE IT FURTHER RESOLVED, that upon conclusion of all statutory public hearings, the Planning Board shall transmit its formal recommendation to the City Council as to whether the areas in question should be classified as “an area in need of redevelopment”; and BE IT FURTHER RESOLVED, that the Planning Board is hereby authorized to engage the services of a planner as they deem necessary and appropriate in order to enable the Planning Board to complete its statutory responsibilities including, but not limited to, preparation of the redevelopment study and area boundary map and statutory public hearings. Roll Call: Ayes: Meneses, Townes, Sasso, McAuliffe, Melfi ** Resolution No. 181-09: NO. 181-09 OFFERED BY: SASSO SECONDED BY: TOWNES BE IT RESOLVED by the City Council of the City of Hackensack that Plenary Retail Distribution License No. 0223-44-019-005 heretofore issued to 281 Simon Sez, Inc., 281 State Street, Hackensack, New Jersey is approved for a person to person and place to place transfer to Partik, LLC, 463 Passaic Street, Hackensack, New Jersey, and; BE IT FURTHER RESOLVED that the applicant has complied with Sub-Chapter 7 of the New Jersey Administrative Code. Roll Call: Ayes- Meneses, Townes, Sasso, Melfi **Councilman McAuliffe recused himself from the vote. Council Meeting – 5/5/09 Council Meeting – 5/5/09